Adkins v. Brewer
New York Supreme Court
On error from the Otsego Common Pleas. The action iff Court below was trespass by Adkins atiainstjBrrzoer& Har1 J ° vey, for taking, and carrying away, and converting the goods an(* chattels of Adkins. Plea, not guilty.
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On error from the Otsego Common Pleas. The action iff Court below was trespass by Adkins atiainstjBrrzoer& Har1 J ° vey, for taking, and carrying away, and converting the goods an(* chattels of Adkins. Plea, not guilty. The cause came on to he tried in February term, 1822, when the plaintiff called one White as a witness, who testified that he went, at the request 0f Harvey, to the office of Brewer, who was a Justice of the Peace, in order to become bail for Harvey, to procure certain attachments against Adkins, which Huriíey contemplated taking out; that the witness, in conjunction with…
1Opinion of the Court
Curia,
per Savage, Ch. J.
The defendants are called on directly, not collaterally, to shew why they have undertaken to dispose of the plaintiff’s property. They must then show a lawful authority. A power to act is the first thing to be shewn by a Court of limited and special jurisdiction. To give the Justice jurisdiction, it must appear that the person against whose property an attachment is sought, is either concealed within the county, with the intent mentioned in the act, or has departed, or is about to depart the county, with the like intent.
In Van Steenburgh v. Korts, (10 John. 169) the…
2Cases cited4 opinions
- Bigelow v. StearnsNew York Supreme Court · 1821
- Vosburgh v. WelchNew York Supreme Court · 1814
- Jackson ex dem. Craigie v. WilkinsonNew York Supreme Court · 1819
- Collins v. FerrisNew York Supreme Court · 1817
3Cited by17 opinions
- Palmer v. OakleyMichigan Supreme Court · 1847
- Pursley v. HayesSupreme Court of Iowa · 1867
- Harrington v. PeopleNew York Supreme Court · 1849
- People Ex Rel. Rogers v. . SpencerNew York Court of Appeals · 1873
- Adams v. WhitcombSupreme Court of Vermont · 1874
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